MUNICIPAL ORDINANCE NO.2011-01 CEMETERY LOT

EXCERPTS FROM THE MINUTES OF THE 20TH REGULAR SESSION OF THE SANGGUNIANG BAYAN OF BALUNGAO, PANGASINAN, HELD AT THE SESSION HALL ON THE 17TH DAY OF JANUARY, 2011.

PRESENT:Vice Mayor Minda T. Peralta, Presiding Officer

Councilor Beatriz D. Ligero

Councilor Artemio M. Villapa, Jr.

Councilor Dionisio A. Valerio

Councilor Eladio V. Villanueva, Sr.

Councilor Crisanto M. Luna

Councilor Cromwell Oliver M. Hernandez

Councilor Romer T. Caseres

CouncilorSalvador M. Alejandro

SKF President Jose T. Peralta, III

ABSENT: LIGA President Roberto T. Marzan

MUNICIPAL ORDINANCE NO. 2011-01

SPONSORED BY COUNCILOR ARTEMIO M. VILLAPA, JR.

AN ORDINANCE APPROVING THE OPENING OF NEW PUBLIC CEMETERY IN THE MUNICIPALITY OF BALUNGAO, PANGASINAN, AND PROVIDING GUIDELINES FOR ITS USE, OPERATION AND MAINTENANCE, INCLUDING THE COLLECTION OF FEES AND CHARGES AND IMPOSITION OF PENALTIES FOR VIOLATIONS THEREOF

BE IT ENACTED by the Sangguniang Bayan of Balungao, Pangasinan, in session duly assembled, that:

SECTION 1.

This Municipal Ordinance shall also be known as the 2011 Public Cemetery Ordinance of the Municipality of Balungao, Pangasinan.

SECTION 2.

The Municipal Government of Balungao, Pangasinan, through the Office of the Municipal Engineer and Municipal Planning and Development Coordinator, shall subdivide the newly acquired One (1) Hectare lot, including the road opening to and from the new public cemetery.

SECTION 3.

The Municipal Government of Balungao, Pangasinan shall construct and maintain a mortuary for public use.

SECTION 4.

The Municipal Treasurer or her authorized representative/s shall keep all records with reference to the application, acquisition and use of cemetery lot/s.

SECTION 5.

The cemetery lot shall be divided into three (3) areas:

a)Apartment Type– located at the borders, serving as perimeter fence of the new cemetery and shall consist of five levels/decks.

b)Individual Lot– Per lot, the measurement shall not exceed but not less than 2.25 m. x 1.25 m.

c)Family Estate – Per lot, the measurement shall not exceed, but not less than 5.0 x 3.0 m. for four (4) pantheons.

Space/property lines between lots with a measurement of not less than, but not more than .4 m. shall exist at all times to avoid encroachment.

SECTION 6.

The following are fees and charges provided for under this Ordinance, to wit:

Apartment Type- A Lot Lease Fee in the amount of Php 6,000.00 per unit shall be paid at the Office of the Municipal Treasurer, excluding burial fees as provided for under existing Revenue Code of Balungao, Pangasinan, and Five (5) Years thereafter, the lot lease contract shall be renewed with a fee of Php 1,500.00 as provided for in this Section of the same Ordinance or any Ordinance that may hereinafter promulgated by the Sanggunian.

Individual Lot- A Lot Lease Fee in the amount of Php 6,000.00 per unit shall be paid at the Office of the Municipal Treasurer, excluding burial fees as provided for under existing Revenue Code of Balungao, Pangasinan, and Five Years (5) thereafter, the lot lease contract shall be renewed with a fee of Php 2,000.00 as provided for in this Section of the same Ordinance or any Ordinance that may hereinafter promulgated by the Sanngunian.

Family Estate- Excluding Burial Fees as provided for under existing Revenue Code of Balungao, Pangasinan, Family Estate can be acquired thru the following:

1.Spot Cash……………Php 60,000.00

2.Installment…………Php 75,000.00

Down payment…….Php 30,000.00

Monthly Amortization for Five (5)Years……Php750.00

SECTION 7.

All transactions made outside the Office of the Municipal Treasurer and or transactions with unauthorized person/s are hereby declared unlawful.

Contract of Lot Lease forms shall be provided for by the Office of the Municipal Treasurer.

SECTION 8:

It shall be the policy of the Municipal Government of Balungao, Pangasinan, to implement specification/designs, to wit:

a. For Individual or Lot Only:

Tomb/Pantheon shall be constructed with the following prescribed measurement:

Inside Dimension:

Length……………. .2.0 m.

Width………………. 0.85 m

Height……………… 0 .80 m.

Base or foundation ……not less than.2 m. deep

b). For Family Estate

One (1) Family Estate of Four (4) pantheons, following the same designs and specifications as provided for under Section 8 (a) of this Ordinance. Construction of mausoleum/catacomb may be allowed and shall comply the uniform designs and specifications provided for by the Municipal Engineer.

c) Apartment Type:

Inside Dimension:

Length…………… .2.0 m.

Width………………0.80 m.

Height…………… .0.70 m.

SECTION 9.

Construction of structures not stipulated herein such as shed, use and utilization of one lot for more than one cadaver, and other activities found disadvantageous on the part of the LGU. As well with other lot owners are hereby declared illegal.

SECTION 10.

The Municipal Government of Balungao, Pangasinan shall accredit qualified masons and carpenters who are bona fide residents of the municipality. Only the accredited individuals are allowed to construct pantheons and other structures stipulated herein, strictly complying all the specification and designs as provided for under this Ordinance. Failure on the part of the accredited carpenters and masons to comply with the specification and designs, their accreditation may be suspended or revoked. Applicants for accreditation shall first undergo seminars at the Office of the Municipal Engineer.

Except the apartment type, all expenses for the construction of tomb/pantheon and other structures stipulated in this Ordinance, including charges for the masons/carpenters shall be shouldered by the lot owner.

SECTION 11.

The Municipal Government of Balungao, Pangasinan, through the Municipal Mayor shall assign a cemetery caretaker, to perform the hereunder enumerated duties and functions

1). Monitor the construction of tomb/pantheon, making sure to report immediately to the Municipal Engineer any deviations on the specifications and designs as provided for under this Ordinance.

2). At all times, he/she shall maintain cleanliness and orderliness inside the public cemetery.

3). All applications and inquiries shall be immediately referred to the Office of the Municipal Treasurer.

4). Perform such other duties and functions as may be prescribed by existing ordinances and ordinances that may hereinafter promulgated by the Sangguniang Bayan.

SECTION 12.

The Municipal Treasurer or her authorized representative/s shall submit to the Municipal Mayor a quarterly progress report, and shall include the following:

1. Lots acquired and lots reserved

2. Number of cadavers buried

3. Expenses and collections

4. Suggestions and comments from the public

5. Performance evaluation of the caretaker.

6. Other issues and concerns.

SECTION 13.

Concerned public officials and employees found violated or refuses to implement the provisions of this Municipal Ordinance or any parts hereof, shall suffer the penalty of the following, without prejudice to the filing of administrative complaint in the proper court or agency, to wit

First Offense……… Php 500.00

Second Offense…….Php 1,500.00

Third Offense………Php 2,500.00 or imprisonment of six (6) months or both at the discretion of the court.

SECTION 14.

If for any reason or reasons, any part or provision of this Ordinance is declared invalid, null and void, the other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 15.

If for any reason or reasons, any part or provision of this Ordinance is declared invalid, null and void, the other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 16.

This Ordinance shall take effect upon its approval and after due posting and publication.